jshort1606
Junior Member
What is the name of your state? Arkansas
My ex-wife and I were divorced 9 months ago and we agreed that she would have full custody of our child who is 22 months now and I would have the standard visitation rights as well as pick our son up from daycare every day after I got off of work at 3:00 until she gets off and usually picks him up at 5:30. I have filed for modification to have full custody changed to me because since our divorce there have been numerous problems.
He has missed 2 of his well child appointments because she did not make appointments for them and he had to have 4 of his front teeth pulled out because of the constant use of a bottle and being put to bed with one. She does not help out at his appointments but goes out into the hallway and I have to hold him down and try to comfort him and she does not help. When He was sick with a staph infection she called every day for three nights in a row to keep him so she could go with her friend or go tanning.
She also has imformed me that she is moving to another apartment which this will be his forth home now in the last year. Her other apartment was very dirty and a complete mess and that is part of the petition. She also had an indoor/outdoor cat at her home that has left scratches and bites on our son including several to the face that I have pictures of. She has also asked on a sunday night in which she was supposed to pick him up to keep him a little late and finally called at 10:30 to say she was to drunk to come and pick him up.
I guess my question is do I have a chance at getting custody of my son. As far as what is against me is that she filed a protective order against me because I went to her home to see if my son was there because she would not let me talk to him when I had phone rights and she was working a second job and I had seen her several times without our son when he was supposed to be with her and she would not give me first right of refusal which the judge (not the same judge as our divorce/custody)at the protective order hearing got mad at me and said he was going to give me 90 days to think about first right of refusal because he said I was trying to keep him from her parents. He did not allow me to defend my answer in that my parents and sister are not allowed to pick Bryce up from daycare to spend an afternoon with him and she had told the daycare that no one other than her or me is to pick him up but her mom has dropped him off.
As far as the protective order she says shes scared of me but comes to my home and asks to use the bathroom and used to just knock and walk in until I started locking the door. I have filed for full custody and want to know if I have a chance even though she filed a protective order (even though she said all I did was come over and ask if our son was there and then left).
I have tried to settle our differences after she did not show up for the contempt hearing and her lawyer said he thought it was just for their motion to dismiss. I asked for a meeting with her and her attorney and me and mine and her attorney wanted calanders switched right away which I did and she wouldn't until 2 months later after I told her I had filed for custody. I also went to a parenting class that the judge ordered us to go to after we had to call an emergency custody hearing soon after we seperated because she got mad and would not let me see our son which my current visitation is what he awarded me in that hearing and she did not go to the class but has since my filing for custody gone but the judge said it was to be done almost a year ago but its like she is doing everything to clean up her act.
My ex-wife and I were divorced 9 months ago and we agreed that she would have full custody of our child who is 22 months now and I would have the standard visitation rights as well as pick our son up from daycare every day after I got off of work at 3:00 until she gets off and usually picks him up at 5:30. I have filed for modification to have full custody changed to me because since our divorce there have been numerous problems.
He has missed 2 of his well child appointments because she did not make appointments for them and he had to have 4 of his front teeth pulled out because of the constant use of a bottle and being put to bed with one. She does not help out at his appointments but goes out into the hallway and I have to hold him down and try to comfort him and she does not help. When He was sick with a staph infection she called every day for three nights in a row to keep him so she could go with her friend or go tanning.
She also has imformed me that she is moving to another apartment which this will be his forth home now in the last year. Her other apartment was very dirty and a complete mess and that is part of the petition. She also had an indoor/outdoor cat at her home that has left scratches and bites on our son including several to the face that I have pictures of. She has also asked on a sunday night in which she was supposed to pick him up to keep him a little late and finally called at 10:30 to say she was to drunk to come and pick him up.
I guess my question is do I have a chance at getting custody of my son. As far as what is against me is that she filed a protective order against me because I went to her home to see if my son was there because she would not let me talk to him when I had phone rights and she was working a second job and I had seen her several times without our son when he was supposed to be with her and she would not give me first right of refusal which the judge (not the same judge as our divorce/custody)at the protective order hearing got mad at me and said he was going to give me 90 days to think about first right of refusal because he said I was trying to keep him from her parents. He did not allow me to defend my answer in that my parents and sister are not allowed to pick Bryce up from daycare to spend an afternoon with him and she had told the daycare that no one other than her or me is to pick him up but her mom has dropped him off.
As far as the protective order she says shes scared of me but comes to my home and asks to use the bathroom and used to just knock and walk in until I started locking the door. I have filed for full custody and want to know if I have a chance even though she filed a protective order (even though she said all I did was come over and ask if our son was there and then left).
I have tried to settle our differences after she did not show up for the contempt hearing and her lawyer said he thought it was just for their motion to dismiss. I asked for a meeting with her and her attorney and me and mine and her attorney wanted calanders switched right away which I did and she wouldn't until 2 months later after I told her I had filed for custody. I also went to a parenting class that the judge ordered us to go to after we had to call an emergency custody hearing soon after we seperated because she got mad and would not let me see our son which my current visitation is what he awarded me in that hearing and she did not go to the class but has since my filing for custody gone but the judge said it was to be done almost a year ago but its like she is doing everything to clean up her act.
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